City of Waterbury

The City of Waterbury has enacted a Stormwater Ordinance in order to establish minimum stormwater management requirements and controls to protect and safeguard the general health, safety, and welfare of the public residing in watersheds within this jurisdiction.  The City of Waterbury  is the permitting authority for all land disturbing activities and requires the land owner to maintain all on-site stormwater control facilities and all open space areas (e.g. parks or “green” areas) required by the approved stormwater control plan. The City of Waterbury will only provide construction permits to projects that establish a plan to manage stormwater runoff occurring during the construction process. The City of Waterbury, under the NPDES program, also has the authority to inspect properties for noncompliance and can issue a notice of violation (NOV) for any deficiency or infraction onsite. Property owners are responsible for the maintenance of any stormwater facilities or practices located on the property. The City of Waterbury has the authority to inspect stormwater facilities and practices in order to ascertain that they are properly maintained and functioning.

CITY OF WATERBURY, CONNECTICUT ZONING REGULATIONS

ARTICLE 9: GENERAL STANDARDS

Section 9.06 Stormwater and Erosion Management Standards

9.06.01 Purpose

The purpose of this Section is to protect, maintain, and enhance the public health, safety, environment, and general welfare of the City of Waterbury by establishing minimum stormwater and erosion management requirements and procedures to control the adverse effects of construction site and post-development stormwater runoff, decreased groundwater recharge, and non-point source pollution associated with uncontrolled and untreated stormwater runoff and soil erosion and sedimentation from development and redevelopment projects.

9.06.02 Applicability

(i) Stormwater and erosion management shall be provided for development or redevelopment projects that disturb greater than or equal to one-half (1/2) acre, regardless of project phasing.

(ii) Stormwater and erosion management may be required for those projects disturbing less than one half (1/2) acre where the Approval Authority finds that there is the potential for

1. erosion, sedimentation, or water quality problems downstream or down gradient of a proposed construction activity or
2. an adverse impact on the health, safety, and welfare of the community or the surface water, groundwater, and other natural resources.

9.06.03 Stormwater Management Measures

Stormwater management measures shall be designed in accordance with the Connecticut Department of Environmental Protection Stormwater Quality Manual (“Stormwater Manual”), as may be amended. The minimum design criteria established in these Regulations and the Stormwater Manual are as follows. Additional measures may be required if flooding, erosion, sedimentation, or water quality problems exist downstream or downgradient of a proposed project, or if an adverse impact on the health, safety, and welfare of the community or the surface water, groundwater, and other natural resources is anticipated to result from the construction activity due to the proposed design of the stormwater management measures or existing hydrologic or topographic conditions.

(i) Stormwater management measures shall be selected to accommodate the natural hydrologic and topographic features of the site.

(ii) Non-structural stormwater management measures shall be provided wherever feasible.

(iii) Post-development hydrologic conditions shall replicate pre-development hydrologic conditions to the maximum extent possible.

(iv) Pollutants shall be controlled at their source to the maximum extent possible.

(v) Concentrated flows shall be converted to sheet flow to the maximum extent possible prior to discharge from the project area.

(vi) Post-development impervious areas shall be minimized and use of pervious paving alternatives shall be used where practicable.

(vii) Post-development stormwater runoff volume shall match pre-development stormwater runoff volume through use of low impact development measures to the extent possible.

(viii) Post-development stormwater management measures shall be designed to remove suspended solids and floatables from stormwater and at a minimum the first inch of rainfall shall be captured and treated to remove pollutants.

(ix) Post-development annual groundwater recharge volume shall match pre-development annual groundwater recharge volume to the maximum extent possible and use of infiltration measures are encouraged where site conditions are conducive to infiltration.

(x) Water quantity management practices, both for peak rate of runoff and volume control, shall be designed according to the following Table.

(xi) Any alteration of surface water flows off-site, such as from sheet flow to point discharge or vice versa or relocation of point discharge shall be permitted only with the written approval of the affected off-site property owner.

(xii) Existing natural features necessary to prevent future site erosion and existing vegetation shall be preserved to the maximum extent possible.

(xiii) Post-development stormwater management measures shall be designed to facilitate and ensure proper long-term operation and maintenance.

(xiv) Storm drain components shall be designed in accordance with the Stormwater Manual, or as otherwise required by the City Engineer. System components shall be sized to accommodate upstream or upgradient water flows expected to flow through the site. The condition of the upslope areas, for purposes of calculating runoff flows, shall be the conditions in place at the time of the approval of the plan by the City Engineer.

(xv) Stormwater runoff shall not be conveyed directly into an inland wetland or watercourse without adequate treatment and approval by the Waterbury Inland Wetlands and Watercourses Commission.

9.06.04 Erosion and Sedimentation Management Measures

Stormwater and erosion control measures shall be designed in accordance with the current Connecticut Department of Environmental Protection Guidelines for Soil Erosion and Sediment Control (“E&S Guidelines”) and the currant Connecticut Stormwater Quality Manual, as they may be amended, to prevent erosion and subsequent sedimentation of downstream surface water and groundwater resources. Measures shall be installed to prevent erosion during construction and post-construction operation of the development. A soil erosion and sediment control plan shall be submitted with any application for development when the disturbed area of such development is more than one-half acre. The minimum design criteria established in these Regulations and the E&S Guidelines are as follows.

1. Pre-development hydrologic conditions shall be maintained to the extent possible during construction.
2. Post-development hydrologic conditions shall replicate pre-development hydrologic conditions to the extent possible.
3. Sediments shall be controlled at their source to the extent possible.
4. Upslope stormwater runoff shall be diverted around the active construction area whenever possible.
5. Concentrated flows shall be converted to sheet flow to the extent possible prior to discharge from the site.
6. Erosion and sedimentation shall be controlled to the extent possible through use of erosion and sediment control measures that provide for:

1. temporary and permanent stabilization of all disturbed areas;
2. effective management and disposal of stormwater runoff; and
3. prevention of discharge of concentrated stormwater discharges and/or sediment to surrounding properties, wetlands, watercourses, and drainage facilities.

7. Land disturbance and clearing shall be phased when possible and limited to areas necessary to construct buildings and other structures, utilities, stormwater management measures, parking, and access ways, and for site grading.
8. Land disturbance and grading that will be suspended for a period of thirty (30) days or more shall be stabilized within seven (7) days of the suspension of grading.
9. Existing natural features necessary to prevent future site erosion and existing vegetation shall not be disturbed and shall be preserved to the extent possible.

9.06.05 Construction and Post-Construction Stormwater and Erosion Standards

The following measures shall be implemented during construction and post-construction.

1. No litter, debris, building materials, or similar materials shall discharge to the watercourses of the State.
2. Off-site tracking of sediments by vehicles or equipment and the generation of dust shall be minimized.
3. Erosion and sediment control measures shall be implemented in accordance with the E&S Guidelines.
4. All post-development stormwater management measures shall be maintained and cleaned of construction sediment and fully functioning as outlined in the Operations and Maintenance Plan provided in the Stormwater Management Plan required by subsection 9.06.06 of these Regulations.
5. All silt fences shall be removed upon stabilization of upslope areas of the site.
6. All chemical and petroleum product vessels, storage, and filling operations shall be fully contained to capture the entire volume of the liquid to prevent exposure to stormwater in accordance with any Federal, State, and local requirement.
7. The following inspection procedures shall be implemented during construction:

1. a rain gauge shall be maintained on site;
2. a qualified inspector shall inspect disturbed areas of the construction activity that have not been finally stabilized, structural control measures, and locations where vehicles enter or exit the site at least once a week and within 24 hours after a storm that is 0.5 inches or greater in accordance with any Federal, State, or local permitting requirements and in accordance with the E&S Guidelines; and
3. a qualified inspector shall inspect temporary and permanently stabilized areas or sites at least once a month during the period of construction activities on the site and for three months following the end of the construction activities in accordance with any Federal, State, or local permitting requirements and in accordance with the E&S Guidelines.

9.06.07 Waterbury Stormwater Management Plan Requirements

A Stormwater Management Plan shall be prepared and adopted for projects that will disturb more than one acre of area, regardless of the whether or not the project will be developed in phases involving disturbance of less than an acre. The plan shall be included as part of any application for Zoning Permit, Special Permit, Special Exception, or Site Plan approval in accordance with these Regulations. The Stormwater Management Plan shall be prepared in accordance with sound engineering practices and certified by a Professional Engineer.

The Stormwater Management Plan shall be accompanied by the following items and information.

(i) Objectives of the Stormwater Management Plan including a narrative of practices and measures to be implemented to minimize flooding, erosion, sedimentation, and water quality problems downstream or down gradient of the proposed project and to minimize and mitigate disturbance to pre-development hydrologic conditions.

(xi) The proper operation and maintenance of stormwater management measures shall be laid out in an Operations and Maintenance Plan included in the Stormwater Management Plan. The plan shall:

1. include a description of the good housekeeping inspection and maintenance procedures that will be employed including practices that will be implemented to ensure no litter, debris, or similar materials are discharged to watercourses of the State;
2. clearly identify required routine and non-routine inspection and maintenance procedures that will be employed for each structural stormwater management measure;
3. include an inspection schedule;
4. include a maintenance schedule;
5. provide inspection techniques, including methods for determining when maintenance is necessary;
6. outline responsible parties, including names, addresses, and telephone numbers; and
7. include additional information requested and/or required to support the review and approval of the Operation and Maintenance Plan.

9.06.08 Easements and Covenants

On-site and off-site areas that are required for stormwater and erosion management after construction of the project is complete must be protected from alteration through easements or covenants recorded in the Land Records of the Waterbury Town Clerk. Temporary construction easements shall be acquired from off-site property owners if needed for construction of the project.

9.06.09 Review and Approval

The Approval Authority shall refer Stormwater Management Plans and Erosion and Sediment Control Plans to the City Engineer and request a review to determine compliance with this Section prior to approval of a Zoning Permit, Special Permit, or Special Exception. The Approval Authority shall consider the City Engineer’s report in its decision on any subject application. The failure of the City Engineer to report on its review shall not be construed as a determination that the Plans are in compliance with this Section.

• Approval Authority: The Zoning Enforcement Officer, Zoning Commission, City Plan Commission, Zoning Board of Appeals, or Inland Wetlands Commission of the City of Waterbury, as designated by these Regulations.

Section 11.09 Enforcement

11.09.01 Inspections

(i) The ZEO may cause any building, structure, place, or premises to be inspected and examined with the consent of the property owner or authorized agent and to order, in writing, the remedying of a condition found to be in violation of any provision of these Regulations.

(ii) The ZEO may make regular inspections at reasonable hours of all regulated activities for which permits have been issued with the consent of the property owner or authorized agent.

11.09.02 Enforcement Procedure

(i) Upon confirmation of a violation of these Regulations, the ZEO shall issue a notification of the facts of the violation to the property owner, tenant, or other person responsible for the violation; describe the required remedy; and provide an appropriate time period for the violation to be remedied, which may be immediate in the case of any violation that involves grading of land, the removal of earth, soil erosion and sediment control, or a threat to public health, safety, or welfare. The ZEO shall maintain a record of such notification.

(ii) In the event that a violation persists beyond the remediation period provided, the ZEO shall issue a Cease and Desist order to the property owner, tenant, or other person responsible for the violation. Such Cease and Desist order may be appealed to the Zoning Board of Appeals.

11.09.03 Penalties

(i) The ZEO, in accordance with CGS Section 8-12, as may be amended, may institute an action or proceeding in Superior Court to prevent, restrain, correct, or abate a violation of these Regulations or to prevent the occupancy of any building, structure, or land found to be in violation of these Regulations.

WATERBURY STORMWATER DOCUMENTS

Waterbury Illicit Discharge Detention and Elimination Program

Waterbury Stormwater Management Plan